BUSINESS IMMIGRATION LAW

The Business Visitor category is used either early in the business cycle when a company is setting up business relations in Canada, or on an ongoing basis for persons that simply need to check-up on operations in Canada as opposed to actually work inside the Canadian enterprise.  Once an American or Mexican citizen is required to work inside the Canadian enterprise on an ongoing basis, they must get a work permit.  The principal means of allowing them to obtain a work permit in Canada is for them to become an “intra-company transferee”.  However, this requires that the person being transferred is either a manager/executive, or has “specialized knowledge” in respect of the operations of the enterprise.  The other major way that entry into Canada for temporary work is facilitated is through the “Professional Category”.  In this category, certain professionals who have the proper educational attainment, local licensing or significant experience may obtain a work permit to work in Canada on a temporary basis.  I would be pleased to provide further details relating to these categories.

Both the intra-company transferee and the professional categories are exempt from the labour market opinion and “job confirmation” process.  If a US Company has an employee that cannot be transferred under either the intra-company transfer or professional categories, then a two-step application may be made to the government to have the job “confirmed” as one that requires the non-Canadian, then immigration granting a work permit on that basis.

In the professional or intra-company transferee categories, it is expected that individuals may relocate to Canada, live in Canada and bring their families with them.  There have been some recent changes to allow the spouses of persons in these categories to work relatively easily in Canada.  As well, it is relatively easy to allow school-aged school to attend school in Canada.  I can address these issues on a case-by-case basis if necessary.

It is important to ensure that each person entering Canada has their passport renewed for the period of their entry, whether it be  a one, two or three year initially work permit or for a short period as a business visitor.

As you can imagine, each client and each case is unique.  I would be pleased to discuss how I may be of service to you in making your human resource flows more efficient and trouble-free.